ADDENDUM #4 TO ALL PROSPECTIVE SUBMITTERS: QUESTIONS … · 2017. 9. 8. · E. Sheet 00G-05,...

MAYOR JIM GRAY CHARLES H. MARTIN, P.E. DIRECTOR

WATER QUALITY

125 Lisle Industrial Ave., Suite 180, Lexington, KY 40511 / 859.425.2400 Phone / 859.254.7787 Fax / lexingtonky.gov

ADDENDUM #4

Bid Number: #106-2017 Date: September 8, 2017

Subject: Expansion Area 3 Pump Station (Contract No. 1) Address inquiries to: and Force Main (Contract No. 2) Improvements Brian Marcum [email protected] (859) 258-3325

TO ALL PROSPECTIVE SUBMITTERS:

Please be advised of the following clarifications to the above referenced Bid:

1. QUESTIONS **An excel spreadsheet will not be provided for bidding this project please use the bid forms.**

Questions Answers 1. Can a combine bid bond be provided for if

bidding both contracts? No. A separate bid bond is required for the largest bid amount for each contract bid. Two bid bonds are required if bidding both Contract No.1 and No. 2.

2. What is the Contract No. 2 starting point? Contract No. 2 starts at Sta. 10+00, erosion and sediment control shall start at Sta. 10+00.

3. Can Huber Technology and Duperon be listed as an acceptable screen, screen compactor, and screen conveyor?

Contract No. 1 equipment manufacturers list has been revised as attached with the revised bid form to include:

1) Huber and Duperon have been added; 2) Other has been removed and will not be

considered 4. What are SRF Loan Funding wage rate,

MBE/WBE, and AIS requirements? SRF Loan Funding requires inclusion of Davis-Bacon wage rates, EPA MBE/WBE Good Faith Efforts, and American Iron and Steel (AIS) Provisions. Compliance with LFUCG’s MBE/WBE Good Faith Efforts is required.

mailto:[email protected]


5. What are Local Funding wage rate, MBE/WBE, and AIS requirements?

Local Funding does not require the use of Davis-Bacon wage rates, or American Iron and Steel (AIS) Provisions. Compliance with LFUCG’s MBE/WBE Good Faith Efforts is required.

6. What are the American Iron and Steel (AIS) Provisions versus Buy American requirements?

See Specification Section 00815 Guidance for the Implementation American Iron and Steel Provisions.

7. What is the “ka” level for surge protection devices.

Surge Protection Devices shall have a 100kA minimum rating per attached revised Sheet 01E-02.

8. What is the description of the power meter for the “MDP”.

As part of the Addendum is a revised Specification Section16441 – Switchboards.

9. Is a 4 pole switch required for the automatic transfer switch?

No. Per specification Section16496, Automatic Transfer Switch, paragraph 2.02.A.7, for 3-phase, 4-wire systems, the transfer switch shall have a solid neutral bus and therefore the transfer switch should be a 3-pole switch. Since the system does not have 277 volt requirements but the neutral is still required, paragraph 2.02.A.2 which calls for a 4-pole switch does not apply.

10. Does the owner want a “switch neutral or an overlapping neutral”?

Switched neutral.

11. Is the automatic transfer switch supposed to be a bypass switch type?

No.

12. What is the basis of award for the projects? The basis of award will be what is in the best interest of the city, looking at cash on hand, cost of KIA money and overhead.

2. CLARIFICATIONS A. Electrical layout work on Sheet 01E-09 shall coordinate exact location of water heater with

plumbing design. B. The EA3 Pump Station specification Section 01010 Summary of Work shall include the wet

well and valve vault. C. Contract time for Contract No. 1 is revised to 450 calendar days. Contract time for Contract

No. 2 is revised to 270 calendar days. D. Contract No. 2 seed mixture for the UK Agriculture Farm shall be a mixture of KY31 Fescue

(80%) and Perennial Rye grass (20%) E. All certificates of insurances shall name LFUCG and Hospice of the Bluegrass, Inc. as

additional insured.


F. Bidders for Contract No. 1 must complete the Bid Schedule (SRF Loan Funding) and Deductive Alternative (Local Funding) to be considered for Award.

G. Bidders for Contract No. 2 must complete both Bid Schedules, SRF Loan Funding and Local Funding, to be considered for Award.

H. Final restoration shall follow Non-paved Site Restoration as shown on Sheet 00G-04. Final payment shall not be made until completed.

3. DRAWINGS A. Sheet 01C-09, Access Road and Profile has been revised to include survey requirements,

temporary fence, and Access Road entrance requirements. See attached. B. Sheet 01P-01, Plumbing Upper Plan has been revised to eliminate the instantaneous water

heater in the restroom, pipe the lavatory from the heater, and add a thermostatic mixing valve at the restroom lavatory. See attached.

C. Sheet 01P-02, Plumbing Schedule, Details and Notes has revised the requirements of the tank type water heater, add thermostatic mixing valve, and delete restroom instantaneous water heater from the fixture schedule. See attached.

D. Sheet 01E-02, One-Line Diagram and Conduit Schedule has been revised to include Surge Protection Device rating. See attached.

E. Sheet 00G-05, Project Specific Notes (Contract No. 2) Note 5 has been revised to include restoration requirements on UK Agricultural Farm. See attached.

F. Sheet 01E-03, Panelboard Schedules has been revised to delete Circuit #22 and replace Circuit #26 with a 30A, 2-pole circuit breaker and #10 wire in ¾” conduit. See attached.

4. SPECIFICATIONS

A. Sections 00410A, 00520A, and 00550A shall be revised to provide 450 calendar days to substantially complete work for Contract No.1.

B. Sections 00410B, 00520B, and 00550B shall be revised to provide 270 calendar days to substantially complete work for Contract No. 2.

C. Section 00410A, revised Bid Form is attached. D. Section 00410B, revised Bid Form is attached. E. Section 00600, Bonds and Certificates, Rick Management Provisions Insurance and

Indemnifications, all certificates of insurance shall name LFUCG and Hospice of the Bluegrass, Inc. as additional insured.

F. Section 01025, Measurement and Payment, EA3 Force Main (Contract No. 2) A5. shall be revised to provide “payment will be made at the Contact unit price per square yard for site restoration of the force main route for areas disturbed during construction.”

G. Section 01025, Measurement and Payment, EA3 Force Main (Contract No. 2) A6. shall be deleted. This item of work shall be miscellaneous to the force main unit price per linear foot.

H. Section 01025, Measurement and Payment, EA3 Pump Station (Contract No. 1) B5. shall be revised to provide “payment will be made at the Contact unit price per square yard for site restoration of the gravity sewer route for areas disturbed during construction.”


I. Section 11421, Mechanical Screens and Screenings Compactors Duperon is attached. J. Section 16441, Switchboards shall be revised by adding Article 2.03 Digital Metering Device

as follows:

“ 2.03 DIGITAL METERING DEVICE A. General:

1. Direct reading metered or calculated values. 2. Microprocessor based. 3. Integral LED or LCD display. 4. Current and potential transformers as required. 5. Integral fusing. 6. Operating temperature: 0 DEGF to 150 DEGF. 7. Standards:

a. NEMA/ANSI C12.20. b. UL 508

B. Type ‘A’ Low Range Meter: 1. Display the following minimum electrical parameters (accuracy):

a. RMS current per phase (+0.3 PCT full scale). b. RMS Voltage line-to-line and line-to-neutral (+0.3 PCT full scale). c. Communication: Modbus

2. Supply voltage: 120 VAC. C. Unit to be Schneider ION6200 or equal.”

5. GENERAL INFORMATION A. Attached are the pre-bid meeting agenda, Erosion Control/SWPPP Requirements, and the

pre-bid meeting sign-in-sheet for both contracts.

EA3 Pump Station & Force Main 00410A-1 10041433

SECTION 00410A – BID FORM

Expansion Area 3 Pump Station Improvements (Contract No. 1)

Division of Water Quality Lexington-Fayette Urban County Government

LFUCG Bid No. 160-2017

1.01 GENERAL Place: Lexington, Kentucky Date: ________ The following Bid Form shall be followed exactly in submitting a Bid for this Work. This Bid Form Submitted by (Name and Address of Bidder) (Hereinafter called "Bidder"), organized and existing under the laws of the State of _____________, doing business as "a corporation," "a partnership", or an "individual" as applicable To: Lexington-Fayette Urban County Government (Hereinafter called "Owner" Office of the Director of Central Purchasing 200 East Main Street, Room 338 Lexington, KY 40507 The Bidder, in compliance with your Advertisement for Bids for the Expansion Area 3 Pump Station Improvements (Contract No. 1); Lexington, Kentucky, having examined the Contract Documents including the Plans and Specifications with related documents, having examined the site for proposed Work, and being familiar with all of the conditions and any and all addendums surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the Project in accordance with the Contract Documents, within the time set forth therein, and at the lump sum stated hereinafter. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this Bid is a part. This bid includes the Pump Station, Pump Station site work and access road. The Bidder hereby agrees to commence Work under this Contract on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the Project within 450 consecutive calendar days. Bidder further agrees to pay liquidated damages, the sum of eight hundred dollars and no cents ($800.00) for each consecutive day thereafter. The Bidder hereby acknowledges receipt of the following addenda: Addendum No. ____ Date ; Addendum No. ____ Date Addendum No. ____ Date ; Addendum No. ____ Date Addendum No. ____ Date ; Addendum No. ____ Date Addendum No. ____ Date ; Addendum No. ____ Date Insert above the number and the date of any Addendum issued and received. If none has been issued and received, the word "NONE" should be inserted.


1.02 LEGAL STATUS OF BIDDER Bidder_______________________________________________________________________________ Date________________________________________________________________________________

*A. A corporation duly organized and doing business under the laws of the State of ___________,

for whom ____________________________________________________, bearing the

official title of _______________________________________________, whose signature is

affixed to this Bid is duly authorized to execute contracts.

*B. A Partnership, all of the members of which, with addresses are: (Designate general partners

as such) *C. An individual, whose signature is affixed to this Bid. (Print name)

* The Bidder shall fill out the appropriate form and strike out the other two.


1.03 BIDDERS AFFIDAVIT

Comes the Affiant, , and after being first

duly sworn, states under penalty of perjury as follows:

A. His/her name is and he/she is the individual submitting the Bid or is the authorized representative of

, the entity submitting

the Bid (hereinafter referred to as "Bidder"). B. Bidder will pay all taxes and fees, which are owed to the Lexington-Fayette Urban County

Government at the time the Bid is submitted, prior to award of the Agreement and will maintain a "current" status in regard to those taxes and fees during the life of the Agreement.

C. Bidder will obtain a Lexington-Fayette Urban County Government business license, if

applicable, prior to award of the Agreement. D. Bidder has authorized the Division of Central Purchasing to verify the above-mentioned

information with the Division of Revenue and to disclose to the Urban County Council that taxes and/or fees are delinquent or that a business license has not been obtained.

E. Bidder has not knowingly violated any provision of the campaign finance laws of the

Commonwealth of Kentucky within the past five (5) years and the award of an Agreement to the Bidder will not violate any provision of the campaign finance laws of the Commonwealth.

F. Bidder has not knowingly violated any provision of Chapter 25 of the Lexington-Fayette Urban

County Government Code of Ordinances, known as the "Ethics Act." G. Bidder acknowledges that "knowingly" for purposes of this Affidavit means, with respect to

conduct or to circumstances described by a statute or ordinance defining an offense, that a person is aware or should have been aware that his/her conduct is of that nature or that the circumstance exists.

Further, Affiant sayeth naught. Affiant Signature STATE OF _______________________________________

COUNTY OF _____________________________________ The foregoing instrument was subscribed, sworn to and acknowledged before me by

on this the day of , 20___.

My Commission expires:

NOTARY PUBLIC, STATE AT LARGE


1.04 BID SCHEDULE The Bidder agrees to perform all the Work described in the Specifications and shown on the Plans for the following proposed lump sum, which shall include the furnishing of all labor, materials, supplies, equipment and/or vehicle usage, services, all items of cost, overhead, taxes (federal, state, local), and profit for the Contractor and any Subcontractor involved, within the time set forth herein. If unit prices are applicable, Bidder must make the extensions and additions showing the total amount of Bid. In all cases of discrepancies or math errors the amount written in for the unit price of an item shall govern. If a lump sum total price is illegible or is omitted, the bid may be determined nonresponsive. For a lump sum based bid, the item total is the bid amount the Owner uses for bid comparison. The Owner’s decision on the bid amount is final. Contractor shall complete the bid schedule and deductive alternative. EA3 PUMP STATION BID SCHEDULE (Contract No. 1)1 (SRF Loan Funding)

Item Description Qty Unit Unit Price Item Price

B. EA3 Pump Station:

B1 Base Bid for Construction of the EA3 Pump Station per the Contract Documents, Exclusive of the Following Items

1 LS $ $

B2 10-inch Sanitary Sewer 662 LF $ $

B3 4-foot Diameter Manhole 3 EA $ $

B4 4-foot Diameter Drop Manhole 1 EA $ $

B5 Gravity Sewer Site Restoration: Method B 3,800 SY $ $

C. Allowances: $ $

C1 Control Touch SCADA Integration 1 EA $50,000 $50,000

C2 Project Video Monitoring 1 EA $11,000 $11,000

C3 Miscellaneous Site Improvements 1 EA $500,000 $500,000

C4 Emergency Generator Fuel Tank Permit 1 EA $200 $200

C5 Electrical Service 1 EA $10,000 $10,000

C6 Water Service 1 EA $6,000 $6,000

TOTAL BID (Items B thru C) Note: 1 Total Bid (Items B thru C) shall be based on a SRF loan which includes Davis-Bacon wage rates, Good Faith Efforts per EPA requirements, and all American Iron and Steel (AIS) provisions. TOTAL BID AMOUNT: ___________________________________________________________________________________ ______________________________________________Dollars ($ )


DEDUCTIVE ALTERNATE 1 (Local Funding): _____________________________________________ Dollars ($_____________________________) Note: 1 Deductive Alternate is the amount of difference between the Bid amount with Davis Bacon wage rates Good Faith Efforts, AIS provisions and the amount without Davis Bacon wage rates, Good Faith Efforts, and AIS provisions. Respectfully Submitted, FIRM: ADDRESS: CITY/STATE/ZIP: DATE: BY: (must be original signature) TITLE: PHONE: FAX: (area code, number & extension) EMAIL ADDRESS: OFFICIAL ADDRESS AND PHONE: (Seal if Bid is by Corporation) By signing this form you agree to all of the terms and associated forms.


1.05 STATEMENT OF BIDDER'S QUALIFICATIONS

The following statement of the Bidder's qualifications is required to be filled in, executed, and submitted with the Bid:

A. Name of Bidder: B. Permanent Place of Business: C. When Organized: D. Where Incorporated: E. Financial Condition:

If specifically requested by the Owner, the apparent low Bidder is required to submit its latest

three (3) years audited financial statements to the Owner's Division of Central Purchasing within seven (7) calendar days following the Bid opening.

F. In the event the Agreement is awarded to the undersigned, Performance, Payment, Erosion

and Sediment Control, and Warranty bonds will be furnished by:

(Surety) Signed: (Representative of Surety)

G. The following is a list of similar projects performed by the Bidder: (Attach separate sheet if necessary).

NAME LOCATION CONTRACT SUM

H. The Bidder has now under contract and bonded the following projects: NAME LOCATION CONTRACT SUM


I. List Key Bidder Personnel who will work on this Project. NAME POSITION DESCRIPTION NO. OF YEARS WITH BIDDER

J. MWDBE Participation on current bonded projects under contract: SUBCONTRACTORS PROJECT MWDBE % of WORK (LIST) (SPECIFIC TYPE)

(USE ADDITIONAL SHEETS IF NECESSARY)

K. We acknowledge that, if we are the apparent low Bidder, we may be required to submit to the Owner within seven (7) calendar days following the Bid Opening, a sworn statement regarding all office management and field management personnel. Additionally, if requested by the Owner, we will within seven (7) days following the request submit audited financial statements and loss history for insurance claims for the three (3) most recent years (or a lesser period if stipulated by the Owner)


1.06 LIST OF PROPOSED SUBCONTRACTORS The following list of proposed subcontractors is required by the Owner to be executed, completed and submitted with the Bid Form. All subcontractors are subject to approval of the Lexington-Fayette Urban County Government. Failure to submit this list completely filled out may be cause for rejection of Bid. % of BRANCH OF WORK** SUBCONTRACTOR MWDBE (yes/no) WORK (List each major item) 1. Name: ______

Address:

2. Name: ______

Address:

3. Name: ______

Address:

4. Name: ______

Address:

5. Name: ______

Address:

6. Name: ______

Address:

** Such as: Grading, bituminous paving, concrete, seeding and protection, construction staking, etc.


1.07 AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing:

A. That I am the Bidder (if the Bidder is an individual), a partner of the Bidder (if the Bidder is a

partnership), or an officer or employee of the Bidding corporation having authority to sign on its behalf (if the Bidder is a corporation);

B. That the attached Bid has been arrived at by the Bidder independently, and has been

submitted without collusion with, and without any agreement, understanding or planned common course of action, with any other contractor, vendor of materials, supplies, equipment or services described in the Advertisement for Bid, designed to limit independent bidding or competition;

C. That the contents of the Bid or Bids have not been communicated by the Bidder or its

employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished, with the Bid or Bids, and will not be communicated to any such person, prior to the official opening of the Bid or Bids;

D. That the Bidder is legally entitled to enter into the contracts with the Lexington-Fayette Urban

County Government, and is not in violation of any prohibited conflict of interest; E. (Applicable to corporation only) That as a foreign corporation, we are registered with the

Secretary of State, Commonwealth of Kentucky, and authorized to do business in the State__________ or, that as a domestic corporation, we are in good standing with the Secretary of State, Commonwealth of Kentucky_________. [Check the statement applicable.]

F. This offer is for ninety (90) calendar days from the date this Bid is opened. In submitting the

above, it is expressly agreed that, upon proper acceptance by the Lexington-Fayette Urban County Government of any or all items Bid above, an Agreement shall thereby be created with respect to the items accepted.

G. That I have fully informed myself regarding the accuracy of the statements made in this

statement. H. That I certify that Subcontractors have not and will not be awarded to any firm(s) that have

been debarred from noncompliance with the Federal Labor Standards, Title VI of the Civil Rights Act of 1964 As Amended, Executive Order 11246 As Amended or any other Federal Law.

____________________________ _________________ __________________________ Company Date Representative


1.08 STATEMENT OF EXPERIENCE NAME OF INDIVIDUAL: POSITION/TITLE: STATEMENT OF EXPERIENCE: NAME OF INDIVIDUAL: POSITION/TITLE: STATEMENT OF EXPERIENCE: NAME OF INDIVIDUAL: POSITION/TITLE: STATEMENT OF EXPERIENCE: NAME OF INDIVIDUAL: POSITION/TITLE: STATEMENT OF EXPERIENCE: * Include all officers, office management, Affirmative Action officials, and field management personnel.

Attach separate sheets if necessary.


1.09 EQUAL OPPORTUNITY AGREEMENT The Law ∗ Title VII of the Civil Rights Act of 1964 (amended 1972) states that it is unlawful for an employer to

discriminate in employment because of race, color, religion, sex, age (40-70 years) or national origin. ∗ Executive Order No. 11246 on Nondiscrimination under Federal contract prohibits employment

discrimination by contractor and subcontractor doing business with the Federal Government or recipients of Federal funds. This order was later amended by Executive Order No. 11375 to prohibit discrimination on the basis of sex.

∗ Section 503 of the Rehabilitation Act of 1973 States: The Contractor will not discriminate against any employee or applicant for employment because of

physical or mental handicap. ∗ Section 2012 of the Vietnam Era Veterans Readjustment Act of 1973 requires Affirmative Action on

behalf of disabled veterans and veterans of the Vietnam Era by contractors having Federal Contracts. ∗ Section 206 (A) of Executive Order 12086, Consolidation of Contract Compliance Functions for Equal

Employment Opportunity, states: The Secretary of Labor may investigate the employment practices of any Government contractor

or sub-contractor to determine whether or not the contractual provisions specified in Section 202 of this order have been violated.

The Lexington-Fayette Urban County Government practices Equal Opportunity in recruiting, hiring and promoting. It is the Government's intent to affirmatively provide employment opportunities for those individuals who have previously not been allowed to enter into the mainstream of society. Because of its importance to the local Government, this policy carries the full endorsement of the Mayor, Commissioners, Directors, and all supervisory personnel. In following this commitment to Equal Employment Opportunity and because the Government is the benefactor of the Federal funds, it is both against the Urban County Government policy and illegal for the Government to let contracts to companies which knowingly or unknowingly practice discrimination in their employment practices. Violation of the above mentioned ordinances may cause an Agreement to be canceled and the contractor may be declared ineligible for future consideration. Please sign this statement in the appropriate space acknowledging that you have read and understand the provisions contained herein. Return this document as part of your application packet. Bidders I/We agree to comply with the Civil Rights Laws listed above that govern employment rights of minorities, women, Vietnam veterans, handicapped, and aged persons. Signature Name of Business


The Entity (regardless of whether construction Contractor, non-construction Contractor or supplier) agrees to provide equal opportunity in employment for all qualified persons, to prohibit discrimination in employment because of race, color, creed, national origin, sex or age, and to promote equal employment through a positive, continuing program from itself and each of its sub-contracting agents. This program of equal employment opportunity shall apply to every aspect of its employment policies and practices. The Kentucky Equal Employment Opportunity Act of 1978 (KRS 45.560-45.640) requires that any county, city, town, school district, water district, hospital district, or other political subdivision of the state shall include in directly or indirectly publicly funded contracts for supplies, materials, services, or equipment hereinafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age or national origin;

(2) The contractor will state in all solicitations or advertisements for employees placed by or on behalf

of the contractors that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age or national origin;

(3) The contractor will post notices in conspicuous places, available to employees and applicants for

employment, setting forth the provisions of the non-discrimination clauses required by this section; and

(4) The contractor will send a notice to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract or understanding advising the labor union or workers' representative of the contractor's commitments under the nondiscrimination clauses.

The Act further provides: KRS 45.610. Hiring minorities - Information required

(1) For the length of the contract, each contractor shall hire minorities from other sources within the drawing area, should the union with which he has collective bargaining agreements be unwilling to supply sufficient minorities to satisfy the agreed upon goals and timetable.

(2) Each contractor shall, for the length of the contract, furnish such information as required by KRS

45.560 to KRS 45.640 and by such rules, regulations and orders issued pursuant thereto and will permit access to all books and records pertaining to his employment practices and work sites by the contracting agency and the department for purposes of investigation to ascertain compliance with KRS 45.560 to 45.640 and such rules, regulations and orders issued pursuant thereto.

KRS 45.620. Action against contractor - Hiring of minority contractor or subcontractor

(1) If any contractor is found by the department to have engaged in an unlawful practice under this chapter during the course of performing under a contract or subcontract covered under KRS 45.560 to 45.640, the department shall so certify to the contracting agency and such certification shall be binding upon the contracting agency unless it is reversed in the course of judicial review.

(2) If the contractor is found to have committed an unlawful practice under KRS 45.560 to 45.640, the

contracting agency may cancel or terminate the contract, conditioned upon a program for future compliance approved by the contracting agency and the department. The contracting agency may declare such a contractor ineligible to bid on further contracts with that agency until such time as the contractor complies in full with the requirements of KRS 45.560 to 45.640.

(3) The equal employment provisions of KRS 45.560 to 45.640 may be met in part by a contractor by

subcontracting to a minority contractor or subcontractor. For the provisions of KRS 45.560 to 45.640, a minority contractor or subcontractor shall mean a business that is owned and controlled by one or more persons disadvantaged by racial or ethnic circumstances.


KRS 45.630 Termination of existing employee not required, when

Any provision of KRS 45.560 to 45.640 notwithstanding, no contractor shall be required to terminate an existing employee upon proof that that employee was employed prior to the date of the contract.

KRS 45.640 Minimum skills

Nothing in KRS 45.560 to 45.640 shall require a contractor to hire anyone who fails to demonstrate the minimum skills required to perform a particular job.

In the case of an Agreement exceeding $250,000, the Contractor will be required within seven (7) days following the Bid Opening to furnish evidence that its work-force in Kentucky is representative of the available work-force in the area from which it draws employees, or to supply an Affirmative Action plan which will achieve such representation during the life of the Contract.


1.10 MWDBE SUBCONTRACTOR PARTICIPATION FORM


1.11 MWDBE SUBCONTRACTOR PERFORMANCE FORM


1.12 MWDBE SUBCONTRACTOR UTILIZATION FORM


1.13 MWDBE PARTICIPATION POLICY PROJECT NAME: Lexington-Fayette Urban County Government

LFUCG BID NO. ___________ BID DATE: ______________________

A. Name, address and telephone number of contact person on all MWDBE matters:

Prime Contractor’s Name

Contact Person:

Address:

Phone: Cell:

Email:

Total Contract Amount:

B. Total dollar amount/percent of contract of DBE participation:

C. Total dollar amount/percent of contract of MBE participation:

D. Total dollar amount/percent of contract of WBE participation:

E. Are certifications* for each MWDBE subcontractor enclosed; if no, please explain:

Yes No

F. Are MWDBE subcontracts or letters of intent signed by both parties enclosed; if no, please

explain: Yes No

G. List of DBE Subcontractors: Name

Contact Person:

Address:

Phone: Cell:

Email:

Type of Contract:

Work to be Done:

Amount:

H. List of MBE Subcontractors: Name

Contact Person:

Address:

Phone: Cell:

Email:

Type of Contract:

Work to be Done:

Amount:

I. List of WBE Subcontractors:


Name

Contact Person:

Address:

Phone: Cell:

Email:

Type of Contract:

Work to be Done:

Amount:

Attach additional sheets, if necessary. *Self-certification: Self-certification of MWDBE firms will NOT be accepted as a valid form of certification of MWDBE status.

J. Information and documentation concerning efforts taken to comply with EPA’s “six good faith efforts”

1. Ensure MWDBE construction firms or material suppliers are made aware of contracting

opportunities to the fullest extent practicable through outreach and recruitment activities; including placing MWDBEs on solicitation lists and soliciting them whenever they are potential sources. A good source for a list of MWDBEs is the Kentucky Transportation’s website: http://transportation.ky.gov/Civil-Rights-and-Small-Business-Development/Pages/Certified-DBE-Directory.aspx.

The prime contractor certifies that a bidders list (see example sheet below) of qualified vendors, including MWDBEs, was developed for current and future solicitations and that the list will be maintained. Submit a copy of the list as documentation.

2. Make information on forthcoming opportunities available to MWDBEs and arrange time

frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by MWDBEs in the competitive process; including, whenever possible, posting solicitation for bids or proposals for a sufficient amount of time as to receive a competitive bid or proposal pool.

The prime contractor certifies that every opportunity was provided to a number of MWDBEs to encourage their participation in the competitive process and that an adequate amount of time was provided for response.

a. List each MWDBE construction firm or material supplier to which a solicitation was

attempted. Submit copies of letters, emails, faxes, telecommunication logs, certified mail receipts, returned envelopes, certified mail return receipts, etc. as documentation.

Company Name and Phone Number:

Area of Work Expertise:

Date of any Follow-Ups and Person Spoke to:

b. Advertisements, if applicable: List each publication in which an announcement or notification was placed. Submit a tear sheet of each announcement from each publication as documentation.

Name of Publication:

Date(s) of Advertisement:

Specific Subcontract Areas Announced:


c. Other, if applicable: List each notification method in which an announcement or

outreach was used; list serve, public meeting, etc. Submit applicable information to document effort.

Method of Notification:

Date(s) of Notification:

3. Consider in the contracting process whether firms competing for large contracts could subcontract with MWDBEs; including dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by MWDBEs in the competitive process.

The prime contractor certifies that the project was broken into its basic elements (i.e. dirt hauling, landscaping, painting, pipe installation, material supplies, etc.) and that a determination was made whether it’s economically feasible to bid the elements separately and that the analysis of this effort was documented with a short memo to the project file.

4. Establishing delivery schedules, where the requirement permits, which encourage

participation by small and minority business, and women’s business enterprises.

The prime contractor certifies that they established delivery schedules which would allow MWDBEs to participate in the projects.

5. Use the services and assistance of the Small Business Administration (SBA) and the Minority

Business Development Agency (MBDA) of the U.S. Department of Commerce. The easiest way to utilize the services of SBA and MBDA is to visit their websites: www.sba.gov and www.mbda.gov and use the electronic tools available there or you may send the nearest SBA and MBDA office a certified letter that generally describes the solicitation, the dates it will be open, the types of vendors you are seeking and applicable SIC or NAIC codes if known. You may also use the services and assistance of the Kentucky Procurement Assistance Program (KPAP). The easiest way to utilize the services of KPAP is to send an email: [email protected] and provide information on forthcoming opportunities available to MWDBEs.

The prime contractor certifies that the assistance of the SBA, MBDA, and/or KPAP was utilized. Submit pages printed off the SBA and MBDA websites which evidence efforts to register a solicitation on those sites or submit copies of the letter send and certified mail receipt as documentation; submit copies of emails with KPAP as documentation.

6. If a subcontractor awards any subcontracts, require the subcontractor to take the steps in

numbers 1 and 5 above.

The prime contractor certifies that subcontractors used for this project will be required to follow the steps of the “six good faith efforts” as listed above.

Signature and Date: To the best of my knowledge and belief, all “six good faith efforts” have been met and the information contained in this document is true and correct; the document has been duly authorized by the legal representative. __________________________________ _______________________________________ Signature Print Name and Title __________________________________ Date


1.14 EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION POLICY It is the policy of (Name of Bidder)

to assure that all applicants for employment and all employees are treated on a fair and equitable basis without regard to their race, religion, sex, color, handicap, natural origin or age. Such action shall include employment, promotion, demotion, recruitment or recruitment advertising, layoff or termination, rates of pay and other forms of compensation, and selection for training, whether apprenticeship and/or on-the-job-training. Furthermore, this company agrees to make special recruitment efforts to hire the protected class whenever feasible. This company also agrees to adhere to all applicable federal, state, and local laws relating to Equal Employment Opportunity for all individuals.


1.15 WORKFORCE ANALYSIS FORM

Nam

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Org

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n:

MF

MF

MF

MF

MF

MF

MF

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Adm

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Sup

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Amer

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Two

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1.16 EVIDENCE OF INSURABILITY

LEXINGTON-FAYETTE UBAN COUNTY GOVERNMENT CONTRUCTION PROJECT (Use separate form for each Agency or Brokerage agreeing to provide coverage)


1.17 DEBARRED FIRMS PROJECT NAME: LFUCG BID NO.: LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT LEXINGTON, KY

All prime Contractors shall certify that Subcontractors have not and will not be awarded to any firms that has been debarred for noncompliance with the Federal Labor Standards, Title VI of the Civil Rights Act of 1964 As Amended, Executive Order 11246 As Amended or any other Federal Law. All Bidders shall complete the Debarment Certification in duplicate and submit both copies to the Owner with the Bid Form. The Owner (grantee) shall transmit one copy to the Lexington-Fayette Urban County Government, Division of Community Development within fourteen (14) days after Bid opening. The undersigned hereby certifies that the firm of ____________________________________has not and will not award a subcontract, in connection with any Agreement award to it as the result of this bid, to any firm that has been debarred for noncompliance with the Federal Labor Standards, Title VI of the Civil Rights Act of 1964, Executive Order 11246 As Amended or any Federal Law. _______________________________________________ Name of Firm Submitting Bid _______________________________________________ Signature of Authorized Official _______________________________________________ Title _______________________________________________ Date


1.18 DEBARMENT CERTIFICATION All Contractors/Subcontractors shall complete this certification. The Contractor/Subcontractor certifies in accordance with Executive Order 12549 (Debarment

and Suspension 2/18/86) that to the best of its knowledge and belief, that it and its principals: 1) Are not presently debarred, suspended, proposed for debarment, declared negligible, or

voluntarily excluded from covered transactions or contract by any Federal department or agency for noncompliance with the Federal Labor Standards, Title VI of the Civil Rights Act of 1964 As Amended, Executive Order 11246 As Amended or any other Federal Law.

a) Have not within a three year period preceding this Bid been convicted of or had a civil

judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

b) Are not presently indicted for or otherwise criminally or civilly charged by a government

entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(a) of this certification; and

c. Have not within a three (3) year period preceding this Bid has one or more public

(Federal, State or local) transactions or contracts terminated for cause or default. 2) Where the Contractor is unable to certify to any of the statements in this certification, such

prospective contractors shall attach an explanation to this certification form. Firm Name: ________________________________________________________________ Project: ________________________________________________________________ Printed Name: ________________________________________________________________ Title of Authorized Representative:________________________________________________________ Signature: ________________________________________________________________ Date: ________________________________________________________________


1.19 CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any

person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award

documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this

transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty for not less than $10,000 and not more than $100,000 for each such failure.

__________________________________________________________________________ Typed Name & Title of Authorized Representative ______________________________________________ _____________________ Signature of Authorized Representative Date _____I am unable to certify to the above statements. My explanation is attached.


1.20 BID BOND BID BOND

Bond Number: _____________________ KNOW ALL MEN BY THESE PRESENTS, that we ___________________________________________ as principal (the “Principal”) and __________________________________________________________

hereinto called Surety, are held and firmly bound unto LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT 200 East Main Street, Third Floor

Lexington, Kentucky 40507

as obligee (the “Obligee”), in the penal sum of ________________________________________ dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for _______________________________________________________________________________ NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within ninety (90) days after opening, and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1) year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this ______ day of _______________, 20_____. WITNESS / ATTEST: ____________________________________ _____________________________________ Principal (Secretary) Principal By:_______________________________(seal) Name: Title: ____________________________________ _____________________________________ Surety (Secretary) Surety By:_______________________________(seal) Name: Title:


POWER OF ATTORNEY

(Attach to Bid Bond)

END OF SECTION


EA3 Pump Station (Contract No. 1) Equipment Manufacturer (circle one) – Bid Basis Solids Handling Submersible Pumps ABS

Flygt KSB

Mechanical Bar Screens Headworks Huber Technology Duperon

Screenings Compactors Headworks Huber Technology Duperon

Screening Conveyors Headworks Huber Technology Duperpon

Sump Pumps Myers Flygt Hydromatic Zoeller

Odor Control Absorber ECS Environmental Solutions/Calgon Daniel Company Pure Air Filtration

Odor Control Chemical Feed System Evoqua Check Valves Apco

Golden Anderson Val-matic

Modulating Plug Valve Dezurik Golden Anderson Henry Pratt

Slide/Sluice Gates Aquanox Waterman Golden Harvest

Electric Actuators Limitorque Auma EIM

Generator Generac Caterpillar Cummins/ONAN MTU/Detroit Diesel Kohler

Level Transmitters Endress+Hauser Foxboro Siemens Yokogawa

VFDs Square D Eaton Allen Bradley

SCADA PLC’s Allen Bradley Compactlogix Motor Control Centers Square D

Cutler Hammer Allen Bradley

EA3 Pump Station & Force Main 00410B-1 10041433

SECTION 00410B – BID FORM

Expansion Area 3 Force Main Improvements (Contract No. 2)

Division of Water Quality Lexington-Fayette Urban County Government

LFUCG Bid No. 160-2017

1.01 GENERAL Place: Lexington, Kentucky Date: ________ The following Bid Form shall be followed exactly in submitting a Bid for this Work. This Bid Form Submitted by (Name and Address of Bidder) (Hereinafter called "Bidder"), organized and existing under the laws of the State of _____________, doing business as "a corporation," "a partnership", or an "individual" as applicable To: Lexington-Fayette Urban County Government (Hereinafter called "Owner" Office of the Director of Central Purchasing 200 East Main Street, Room 338 Lexington, KY 40507 The Bidder, in compliance with your Advertisement for Bids for the Expansion Area 3 Force Main Improvements (Contract No. 2); Lexington, Kentucky, having examined the Contract Documents including the Plans and Specifications with related documents, having examined the site for proposed Work, and being familiar with all of the conditions and any and all addendums surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the Project in accordance with the Contract Documents, within the time set forth therein, and at the unit prices as stated hereinafter. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this Bid is a part. The Bidder hereby agrees to commence Work under this Contract on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the Project within 270 consecutive calendar days. Bidder further agrees to pay liquidated damages, the sum of eight hundred dollars and no cents ($800.00) for each consecutive day thereafter. The Bidder hereby acknowledges receipt of the following addenda: Addendum No. ____ Date ; Addendum No. ____ Date Addendum No. ____ Date ; Addendum No. ____ Date Addendum No. ____ Date ; Addendum No. ____ Date Addendum No. ____ Date ; Addendum No. ____ Date Insert above the number and the date of any Addendum issued and received. If none has been issued and received, the word "NONE" should be inserted.


1.02 LEGAL STATUS OF BIDDER Bidder_______________________________________________________________________________ Date________________________________________________________________________________

*A. A corporation duly organized and doing business under the laws of the State of ___________,

for whom ____________________________________________________, bearing the

official title of _______________________________________________, whose signature is

affixed to this Bid is duly authorized to execute contracts.

*B. A Partnership, all of the members of which, with addresses are: (Designate general partners

as such) *C. An individual, whose signature is affixed to this Bid. (Print name)

* The Bidder shall fill out the appropriate form and strike out the other two.


1.03 BIDDERS AFFIDAVIT

Comes the Affiant, , and after being first

duly sworn, states under penalty of perjury as follows:

A. His/her name is and he/she is the individual submitting the Bid or is the authorized representative of

, the entity submitting

the Bid (hereinafter referred to as "Bidder"). B. Bidder will pay all taxes and fees, which are owed to the Lexington-Fayette Urban County

Government at the time the Bid is submitted, prior to award of the Agreement and will maintain a "current" status in regard to those taxes and fees during the life of the Agreement.

C. Bidder will obtain a Lexington-Fayette Urban County Government business license, if

applicable, prior to award of the Agreement. D. Bidder has authorized the Division of Central Purchasing to verify the above-mentioned

information with the Division of Revenue and to disclose to the Urban County Council that taxes and/or fees are delinquent or that a business license has not been obtained.

E. Bidder has not knowingly violated any provision of the campaign finance laws of the

Commonwealth of Kentucky within the past five (5) years and the award of an Agreement to the Bidder will not violate any provision of the campaign finance laws of the Commonwealth.

F. Bidder has not knowingly violated any provision of Chapter 25 of the Lexington-Fayette Urban

County Government Code of Ordinances, known as the "Ethics Act." G. Bidder acknowledges that "knowingly" for purposes of this Affidavit means, with respect to

conduct or to circumstances described by a statute or ordinance defining an offense, that a person is aware or should have been aware that his/her conduct is of that nature or that the circumstance exists.

Further, Affiant sayeth naught. Affiant Signature STATE OF _______________________________________

COUNTY OF _____________________________________ The foregoing instrument was subscribed, sworn to and acknowledged before me by

on this the day of , 20___.

My Commission expires:

NOTARY PUBLIC, STATE AT LARGE


1.04 BID SCHEDULE The Bidder agrees to perform all the Work described in the Specifications and shown on the Plans for the following proposed unit prices, which shall include the furnishing of all labor, materials, supplies, equipment and/or vehicle usage, services, all items of cost, overhead, taxes (federal, state, local), and profit for the Contractor and any Subcontractor involved, within the time set forth herein. If unit prices are applicable, Bidder must make the extensions and additions showing the total amount of Bid. In all cases of discrepancies or math errors the amount written in for the unit price of an item shall govern. If a discrepancy between the unit price and the item total exists, the unit price prevails except:

If the unit price is illegible, omitted, or the same as the item total, item total prevails and the unit price is the quotient of the item total and the quantity.

If the unit price and the item total are illegible or are omitted, the bid may be determined nonresponsive. For a unit price based bid, the sum of the item totals is the bid amount the Owner uses for bid comparison. The Owner’s decision on the bid amount is final. Contractor shall complete both bid forms. EA3 FORCE MAIN BID SCHEDULE (Contract No. 2)1 (SRF Loan Funding):


A. EA3 Force Main:

A1 24-inch Force Main 5,030 LF $ $

A2 Combination Air Release Valve and Vault 1 EA $ $

A3 Existing 48” Encasement Pipe – Installing 24

- Inch Pipe, End Seals, Spacers, & Other Items Required.

220 LF $ $

A4

48-inch Road Bore Under I-64/I-75 Including 24- Inch Pipe, Casing Pipe and Seals, Spacers, and Other Items Required. (Bore and Jack Method)

300 LF $ $

A5 Force Main Site Restoration: Method B 32,200 SY $ $

A6 Mobilization 1 LS $ $

A7 Demobilization 1 LS $ $

A8 Miscellaneous Site Allowance 1 LS $75,000 $75,000

A9 General Conditions 1 LS $ $

TOTAL BID A $ Note: 1 Total Bid A shall be based on a SRF loan which includes Davis-Bacon wage rates, Good Faith Efforts per EPA requirements, and all American Iron and Steel (AIS) provisions. TOTAL BID AMOUNT: ___________________________________________________________________________________ ______________________________________________Dollars ($ )


EA3 FORCE MAIN BID SCHEDULE (Contract No. 2)1 (Local Funding):


A. EA3 Force Main:

A1 24-inch Force Main 5,030 LF $ $

A2 Combination Air Release Valve and Vault 1 EA $ $

A3 Existing 48” Encasement Pipe – Installing 24

- Inch Pipe, End Seals, Spacers, & Other Items Required.

220 LF $ $

A4

48-inch Road Bore Under I-64/I-75 Including 24- Inch Pipe, Casing Pipe and Seals, Spacers, and Other Items Required. (Bore and Jack Method)

300 LF $ $

A5 Force Main Site Restoration: Method B 32,200 SY $ $

A6 Mobilization 1 LS $ $

A7 Demobilization 1 LS $ $

A8 Miscellaneous Site Allowance 1 LS $75,000 $75,000

A9 General Conditions 1 LS $ $

TOTAL BID A $ Note: 1 Total Bid A shall be based on local funding which does not include Davis-Bacon wage rates, Good Faith Efforts per EPA requirements, and all American Iron and Steel (AIS) provisions. TOTAL BID AMOUNT: ___________________________________________________________________________________ ______________________________________________Dollars ($ ) Respectfully Submitted, FIRM: ADDRESS: CITY/STATE/ZIP: DATE: BY: (must be original signature) TITLE: PHONE: FAX: (area code, number & extension) EMAIL ADDRESS:


OFFICIAL ADDRESS AND PHONE: (Seal if Bid is by Corporation) By signing this form you agree to all of the terms and associated forms.